9911796707
TMI Blog2012 (8) TMI 1146X X X X Extracts X X X X X X X X Extracts X X X X ..... on 02-12-2009 by the department. During the course of such survey excess stock valued at ₹ 8,18,108/- was found. Similarly an amount of ₹ 79,791/- on account of shortage of cash was also noticed. The assessee accepted both the amounts as additional income. The assessee filed return of income on 31-08-2000 declaring total income at ₹ 8,88,900/- which included the additional income declared during the course of survey. The AO in the order passed u/s.143(3) on 28-03-2003 completed the assessment determining the total income at ₹ 21,99,205/- by making the additions amounting to ₹ 12,66,085/-, the details of which are as under : Net Profit Rs. 44,230/- Add : Additions : 1) Unrecorded purchases of readymade gar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng on various decisions the learned CIT(A) came to the conclusion that the assessment order was not issued on or before 31-03-2003. He accordingly held that the order passed by the AO was bad in law and he accordingly annulled the same. Since he annulled the assessment order, he did not adjudicate the various additions on merit. 4.1 Aggrieved with such order of the CIT(A) the Revenue is in appeal before us with the following grounds : "1. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) erred in accepting the assessee's contention that as enquiries were being conducted after 28-03-2003, the assessment order could not have been passed on 28-03-2003, in view of the fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances of the case and in law, the learned CIT(A) erred in observing that u/s.153(10 of the I.T. Act, 1961 the AO was required to serve the assessment order on the assessee within stipulated time when it is actually laid down that the AO was required to make the order within the stipulated time. 6. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in interpreting the word "made" in section 153(1) as 'authorizing the order and issuing the same' whereas various decisions of the High Courts have held that the interpretation of any Statute should be made by taking the plain grammatical meaning of the words used therein. 7. The order of the CIT(A) be vacated and that of the AO be restored." 5. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remand report to the Hon'ble CIT(A), Kolhapur regarding factual report after verifying the said computer. In view of the above direction, I have carried out the inspection of the computer on which the above order is prepared/modified. The said computer is presently in the custody of The ACIT, Circle 1 Sangli. The outcome of the inspection is submitted as under. "I have gone through the properties of the document- 143(3)- Suman [ order u/s.143(3) in the case of M/s. Suman Vastra Alankar and observed the screen as under : NAME SIZE TYPE MODIFIED (mm/dd/yy) 143(3)-Suman 134 kb Lotus Word Pro 91) 04/08/03 4.28 PM In the above circumstances to protect the revenue, it is earnestly requested that the order may kindly be set aside. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
